Industrial Tribunals (Industrial Relations, etc.) Regulations 1972

JurisdictionUK Non-devolved
CitationSI 1972/38

1972 No. 38

INDUSTRIAL RELATIONS

INDUSTRIAL TRIBUNALS

The Industrial Tribunals (Industrial Relations, etc.) Regulations 1972

17thJanuary 1972

27thJanuary 1972

28thFebruary 1972

The Secretary of State in exercise of the powers conferred on him by Schedule 6 to the Industrial Relations Act 1971(a) and after consultation with the Council on Tribunals hereby makes the following Regulations:—

Citation, commencement and revocation

1.—(1) These Regulations may be cited as the Industrial Tribunals (Industrial Relations, etc.) Regulations 1972 and shall come into operation on 28th February 1972.

(2) The Industrial Tribunals (Dock Work) Regulations 1967(b), the Industrial Tribunals (Redundancy Payments) Regulations 1967(c) and the Industrial Tribunals (Employment and Compensation) Regulations 1967(d) shall cease to have effect except in relation to proceedings instituted before that date.

Interpretation

2.—(1) The Interpretation Act 1889(e) shall apply to the interpretation of these Regulations as it applies to the interpretation of an Act of Parliament and as if these Regulations and the Regulations hereby revoked were Acts of Parliament.

(2) In these Regulations, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say—

"the 1946 Act" means the Dock Workers (Regulation of Employment) Act 1946(f);

"the 1965 Act" means the Redundancy Payments Act 1965(g) as amended by the Redundancy Rebates Act 1969(h) and the 1971 Act;

"the 1966 Act" means the Docks and Harbours Act 1966(i);

"the 1971 Act" means the Industrial Relations Act 1971;

(a) 1971 c. 72.

(b) S.I. 1967/313 (1967 I, p. 1071).

(c) S.I. 1967/359 (1967 I, p. 1174).

(d) S.I. 1967/361 (1967 I, p. 1205).

(e) 1889 c. 63.

(f) 1946 c. 22.

(g) 1965 c. 62.

(h) 1969 c. 8.

(i) 1966 c. 28.

"applicant" means a person who in pursuance of Rule 1 has sent an originating application to the Secretary of the Tribunals for a decision of a tribunal and includes:—

(a) the Secretary of State, the Board or a licensing authority,

(b) the registrar in consequence of an application under section 81 of the 1971 Act,

(c) a claimant or complainant,

(d) in the case of proceedings under section 51 of the 1966 Act, a person on whose behalf an originating application has been sent by a trade union, and

(e) in relation to interlocutory applications under these Rules, a person who seeks any relief;

"the Board" means the National Dock Labour Board or any other body for the time being constituted or prescribed under the 1946 Act to be responsible for the administration of any labour scheme;

"the clerk to the tribunal" means the person appointed by the Secretary of the Tribunals or an Assistant Secretary to act in that capacity at one or more hearings;

"court" means a magistrates' court or the Crown Court;

"decision" in relation to a tribunal includes an order (other than an interlocutory order) or a recommendation under section 106(4) of the 1971 Act or an award of the tribunal;

"hearing" means a sitting of a tribunal duly constituted for the purpose of receiving evidence, hearing addresses and witnesses or doing anything lawfully requisite to enable the tribunal to reach a decision on any question;

"labour scheme" means a scheme for the time being in force under the 1946 Act;

"licensing authority" means a body having the function of issuing licences under the 1966 Act;

"nominated chairman" means a member of the panel of chairmen for the time being nominated by the President;

"the Office of the Tribunals" means the Central Office of the Industrial Tribunals (England and Wales);

"the panel of chairmen" means the panel of persons, being barristers or solicitors of not less than seven years' standing, appointed by the Lord Chancellor in pursuance of Regulation 5(2) of the Industrial Tribunals (England and Wales) Regulations 1965(a), as amended (b);

"party" in relation to proceedings under section 51 of the 1966 Act means the applicant and the Board or the licensing authority with which or (as the case may be) any person with whom it appears to the applicant that he is in dispute about a question to which that section applies and, in a case where such a question is referred to a tribunal by a court, any party to the proceedings before that court in which the question arose;

"person entitled to appear" in relation to proceedings under section 51 of the 1966 Act means a party and any person who, under subsection (5) of that section, is entitled to appear and be heard before a tribunal in such proceedings;

(a) S.I. 1965/1101 (1965 II, p. 2805).

(b) The relevant amending instrument is S.I. 1967/301 (1967 I, p. 1040).

"the President" means the President of the Industrial Tribunals (England and Wales) or the person nominated by the Lord Chancellor to discharge for the time being the functions of the President;

"Regional Office of the Industrial Tribunals" means a regional office which has been established under the Office of the Tribunals for an area specified by the President;

"Register" means the appropriate Register of Applications and Decisions kept in pursuance of these Regulations;

"respondent" means a party to the proceedings before a tribunal other than the applicant, and other than the Secretary of State in proceedings under the 1965 Act in which he is not cited as the person against whom relief is sought;

"Rule" means a Rule of Procedure contained in the Schedule to these Regulations;

"the Secretary of the Tribunals" and "an Assistant Secretary of the Tribunals" mean respectively the persons for the time being acting as the Secretary of the Office of the Tribunals and as the Assistant Secretary of a Regional Office of the Industrial Tribunals;

"third party" includes a person referred to as such in section 119(1)(a) of the 1971 Act;

"tribunal" means an industrial tribunal (England and Wales) established in pursuance of the Industrial Tribunals (England and Wales) Regulations 1965, as amended, and in relation to any proceedings means the tribunal to which the proceedings have been referred by the President or by a nominated chairman.

Proceedings of tribunals

3. The Rules of Procedure contained in the Schedule to these Regulations shall have effect in relation to all proceedings before a tribunal, except proceedings under the Industrial Training Act 1964(a)and the Selective Employment Payments Act 1966(b), where:—

(a) the respondent or one of the respondents resides or carries on business in England or Wales; or

(b) had the remedy been by way of action in the county court, the cause of action would have arisen wholly or in part in England or Wales; or

(c) the proceedings are to determine a question which has been referred to the tribunal by a court in England or Wales; or

(d) in proceedings under the Docks and Harbours Act 1966, they are in relation to a port in England or Wales.

Proof of decisions of tribunals

4. The production in any proceedings in any court of a document purporting to be certified by the Secretary of the Tribunals to be a true copy of an entry of a decision in the Register shall, unless the contrary is proved, be sufficient evidence of the document and of the facts stated therein.

Robert Carr, Secretary of State for Employment.

17th January 1972.

(a) 1964 c. 16.

(b) 1966 c. 32.

Regulation 3

SCHEDULE

RULES OF PROCEDURE

Originating application

1.—(1) Proceedings for the determination of any matter by a tribunal shall be instituted by the applicant (or in a matter falling under sub-paragraph (d) of this paragraph, by a court) sending to the Secretary of the Tribunals an originating application which shall be in writing and shall set out:—

(a) the name and address of the applicant; and

(b) the names and addresses of the person or persons against whom relief is sought or of the parties to the proceedings before the court (as the case may be); and

(c) the grounds on which that relief is sought; or

(d) the question for determination under section 51 of the 1966 Act and, except where the question is referred by a court, the grounds on which relief is sought.

(2) Where the Secretary of the Tribunals is of the opinion that the originating application does not seek or on the facts stated therein cannot entitle the applicant to a relief which a tribunal has power to give, he may give notice to that effect to the applicant stating the reasons for his opinion and inviting him to state in writing whether he agrees to withdraw his application or wishes to proceed with it.

(3) An application as respects which a notice has been given in pursuance of the preceding paragraph shall not be treated as having been received for the purposes of Rule 3 unless the applicant intimates in...

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